METRO DEVELOPMENT GROUP LLC LLC LLC LLC LLC LLC v. CITY OF CONCORD (2019)

Metro Development Group, LLC, Niblock Development Corp., Lennar Carolinas, LLC, Shea Homes, LLC, Shea Real Estate Investments, LLC, True Homes, LLC, and Craft Development, LLC, (“Plaintiffs”) appeal from an order entering summary judgment in favor of the City of Concord (the “City”) and dismissing Plaintiffs’ complaint. After careful review, we reverse and remand for further proceedings consistent with our holding in JVC Enterprises, LLC v. City of Concord, ––– N.C. App. ––––, ––– S.E.2d ––––, COA19-308 (2019), filed concurrently with this opinion.

Plaintiffs’ appeal and Defendant's cross-appeal involve legal issues that are substantially identical to those addressed in JVC Enterprises, and—outside the identity of the claimants—its procedural history is substantively identical to that of Bost Realty Co. v. City of Concord, No. COA 19-309 (N.C. Ct. App. Dec. 17, 2019) (unpublished). All arise from lawsuits brought by former real estate developers alleging the City lacked authority to levy prospective water and sewer fees prior to construction and the provision of water and wastewater services, and all turn on the interpretation of a 1986 session law consolidating the City's charter. See 1985 N.C. Sess. Laws ch. 861 (1986). Thus, for the reasons stated in those companion opinions, we reverse the trial court's entry of summary judgment in favor of the City and remand for further proceedings consistent with our holding in JVC Enterprises.

REVERSED AND REMANDED.

Report per Rule 30(e).

INMAN, Judge.

Judges BERGER and MURPHY concur.